Sachin Pilot Camp's Plea : Live Updates From Rajasthan HC Hearing

Rohatgi's instructing counsel submits that the defects have been cured.

Rohatgi says that the issue of technical defects will be sorted out.

The AG submits that the writ petition has not been signed.

Rohatgi says we are in the middle of COVID-19; SC is hearing unattested petitions in the pandemic situation, he says.

Rohatgi expresses surprise at the technical objections raised by Advocate General.

"With due respect to AG, I did not expect him to raise these petty issues in this serious matter. The Courts have power even to hear oral petition".

CJ Mohanty invites Rohatgi's attention to the technical objections raised by the Advocate General, that the amended writ petition has not been filed, defects have not been cured etc.

Rohatgi also refers to the dissenting judgments in Kihoto, which held that vesting the power with Speaker was counter-productive, as Speaker cannot be presumed to be neutral.

Rohatgi referring to the SC judgment of J Nariman in Manipur case, which recommended that an independent tribunal should decide disqualification matters, as Speaker tends to be aligned with the political party.

The Speaker was acting with "undue haste". The Speaker has not given any satisfactory explanation before the Court about his actions : Rohatgi

There is a clear case of breach of principles of natural justice, especially when the consequences of the notice are drastic, not just the disqualification of members, but adverse impact on a functioning democracy : Rohatgi.

Rohatgi says that these factors show "mala fides" on the part of the Speaker. He is acting with a foregone conclusion in mind. 

The Rules say reply to be given "within 7 days or such extended period as may be".

Normal manner of construction is that Speaker can extend time for reply. If that is the scheme, why the Speaker granted only 3 days time for reply?, asks Rohatgi.